15 U.S.C. § 6714 — Expedited and equalized dispute resolution for Federal regulators
submitted 27 years ago by Pub. L. 106-102 to r/title-15-COMMERCE-AND-TRADE · 361 words · no verdicts yet
This section allows State or Federal insurance regulators to seek expedited review of regulatory conflicts. It sets a 60-day review period, filing deadlines, Supreme Court timing, and the standard for review.
(a) Filing. For a regulatory conflict between a State* insurance regulator and Federal regulator about insurance, including whether Federal law preempts a State measure concerning insurance sales or solicitation, either regulator may seek expedited review by filing in the circuit where the State is located or the District of Columbia Circuit. (b) Expedited review. The filing court must complete all action, including judgment, before 60 days after filing unless all parties agree to an extension. (c) Supreme Court review. A certiorari request must be filed as soon as practicable after judgment. (d) Limitations. No petition may challenge the regulator's action after the later of (1) 12 months after first public notice of the final-form action or (2) six months after it takes effect. (e) Standard. The court must review the merits of all State- and Federal-law questions, including the product or activity and the history and purpose of its regulation, without unequal deference.
In the case of a regulatory conflict between a State* insurance regulator and a Federal regulator regarding insurance issues, including whether a State law, rule, regulation, order, or interpretation regarding any insurance sales or solicitation activity is properly treated as preempted under Federal law, the Federal or State regulator may seek expedited judicial review of such determination by the United States Court of Appeals for the circuit in which the State is located or in the United States Court of Appeals for the District of Columbia Circuit by filing a petition for review in such court.
The United States Court of Appeals in which a petition for review is filed in accordance with subsection (a) shall complete all action on such petition, including rendering a judgment, before the end of the 60-day period beginning on the date on which such petition is filed, unless all parties to such proceeding agree to any extension of such period.
Any request for certiorari to the Supreme Court of the United States of any judgment of a United States Court of Appeals with respect to a petition for review under this section shall be filed with the Supreme Court of the United States as soon as practicable after such judgment is issued.
No petition may be filed under this section challenging an order, ruling, determination, or other action of a Federal regulator or State insurance regulator after the later of—
the end of the 12-month period beginning on the date on which the first public notice is made of such order, ruling, determination or other action in its final form; or
the end of the 6-month period beginning on the date on which such order, ruling, determination, or other action takes effect.
The court shall decide a petition filed under this section based on its review on the merits of all questions presented under State and Federal law, including the nature of the product or activity and the history and purpose of its regulation under State and Federal law, without unequal deference.
Source credit: (Pub. L. 106–102, title III, § 304, Nov. 12, 1999, 113 Stat. 1409.)
- 1999Enacted · Pub. L. 106-102 · 113 Stat. 1409
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-102 on 1999-11-12.
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